Pemberton v. Kirk
Supreme Court of North Carolina
Cause removed from the Court of Equity of Montgomery County, at the Fall Term, 1845. The following was the case : The plaintiff, in his bill, charges, that in the year 1828» the defendant was Sheriff of Montgomery County, and Samuel PemJjerton, brother of the plaintiff, was appointed^ his deputy, and gave bond with the plaintiff as his surety, for the faithful performance of his duties.
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Cause removed from the Court of Equity of Montgomery County, at the Fall Term, 1845. The following was the case : The plaintiff, in his bill, charges, that in the year 1828» the defendant was Sheriff of Montgomery County, and Samuel PemJjerton, brother of the plaintiff, was appointed^ his deputy, and gave bond with the plaintiff as his surety, for the faithful performance of his duties. The defendant put into the hands of his said deputy the tax lists in districts No. -2 and No. 11, for collection, and for which Samuel Pemberton gave bis receipt. He further charges, tbat,' in the year 1827,…
1Opinion of the CourtNash, J.
This is not properly a bill of discovery. Such a bill asks no relief, but seeks the discovery of facts resting in the knowledge of the defendant, or of deeds or writings in his possession or power, in order to maintain the right or title of the party asking it, in some suit or proceedings in another Court. Coop. Eq. Pl. ch. 1, sec. 4, p. 58, 60. Mitford 8, 53, &c. And in general, to maintain such a bill, an action should be depending in another Court, to the maintaining of which the discovery sought, is material, and therefore the power of the Court of Equity is ancillary in such a case. 1st…
Also in this document: Per curiam.
2Cases cited1 opinion
- Aldrich v. RobinsonHawaii Supreme Court · 1862